Order no. 17668 of 2024: Classification of Roads and Municipal Responsibilities

The issue of classifying urban roads within inhabited centres is of fundamental importance for understanding the responsibilities of municipal administrations. Order no. 17668 of 26 June 2024, issued by the Court of Cassation, offers a significant interpretation of the relevant regulations, clarifying the conditions necessary for a road to be considered municipal.

Conditions for the Classification of Urban Roads

According to Article 2, paragraph 7, of Legislative Decree no. 285 of 1992, urban roads included in inhabited centres are always municipal, unless they concern sections of state, regional, or provincial roads in centres with a population of less than ten thousand inhabitants. This implies that for municipalities with a population exceeding this threshold, the responsibility for managing and maintaining roads lies with the local authority.

• Urban roads: always municipal in inhabited centres with a population > 10,000
• State, regional, or provincial roads: exclusion only for centres < 10,000
• Need to ascertain the population to determine the owning authority

Implications of the Ruling

Classification of roads - Urban roads included in inhabited centres - Nature of municipal road - Configurability - Conditions - Population exceeding ten thousand inhabitants - Necessity - Consequences - Identification - Criteria. Pursuant to art. 2, paragraph 7, of Legislative Decree no. 285 of 1992, urban roads referred to in paragraph 2, letters D), E), and F), of the same article, are always municipal when they are located within inhabited centres, with the exception of internal sections of state, regional, or provincial roads that cross inhabited centres with a population not exceeding ten thousand inhabitants; it follows that, for the purpose of identifying the owner of a road included in the inhabited centre of a Municipality, the mere topographic data is not sufficient, but it is necessary to ascertain whether the Municipality has a population greater or less than ten thousand.

This ruling not only clarifies the issue of road classification but also establishes an important jurisprudential precedent. It highlights that, to determine road ownership, it is not sufficient to consider the simple topographic aspect, but it is essential to assess the number of inhabitants of the municipality. In this way, the Court ensures that responsibilities are clearly attributed, avoiding ambiguities that could lead to legal disputes.

Conclusions

In conclusion, Order no. 17668 of 2024 represents a step forward in defining municipal responsibilities regarding the management of urban roads. It provides clear guidelines for local authorities and establishes precise criteria to follow, thus contributing to greater clarity in road traffic law. It is essential for municipalities to take note of these indications to ensure proper administration of their roads and services to citizens.